• Delgatto v. Greenbrier Sporting Club
  • February 6, 2019 | Author: Charles W. Skriner
  • Law Firm: Thomas, Thomas & Hafer LLP - Hampton Office
  • New Jersey Superior Court, Appellate Division

    No. A-2269-17T3 , 2019 N.J. Super. Unpub. LEXIS 296

    Decided: February 6, 2019

    National print and television advertisements are insufficient to establish “minimum contacts” for purposes of personal jurisdiction.

    Background

    Greenbrier Sporting Club is a hotel and golf resort located in West Virginia. Plaintiffs Anthony Delgatto and Theresa Delgatto, residents of New Jersey, saw advertisements for the Greenbrier on the Golf Channel (a cable television station), during golf events broadcast on national network television stations, and in nationally circulated golf magazines. Greenbrier does not advertise on local New Jersey television stations or in local New Jersey magazines. The Delgattos also visited the Greenbrier’s website to obtain hotel information. They then booked a room through American Express Travel Services. During their stay, Anthony Delgatto slipped and fell on the golf course, suffering significant injuries for which he received treatment in New Jersey and New York City. After the Delgattos sued the Greenbrier in New Jersey, Greenbrier moved to dismiss for lack of personal jurisdiction which was granted.

    Holding

    The Appellate Division affirmed, agreeing that Greenbrier’s national advertisements were insufficient to establish specific personal jurisdiction because Greenbrier did not “purposefully avail” itself of the privilege of conducting business in New Jersey by means of such advertisements. The Appellate Court also affirmed the Trial Court’s finding of a lack of general jurisdiction, observing that the Greenbrier is incorporated in West Virginia and that its facilities are located in that state.